Commonwealth Consolidated Acts

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Constitution of Tribunal for proceedings about certain exempt documents

             (1)  If an application is made to the Tribunal for review in relation to a decision refusing to grant access to a document in accordance with a request, being a document that is claimed to be an exempt document under section 33, 34 or 45A, then the Tribunal must be constituted in accordance with subsection (2) for the purposes of any proceeding in relation to the application.

             (2)  For the purposes of a proceeding referred to in subsection (1), the Tribunal shall be constituted by:

                     (a)  3 presidential members; or

                     (b)  a presidential member alone.

             (3)  Despite paragraph 19A(1)(b) of the Administrative Appeals Tribunal Act 1975 , if the Tribunal is constituted by 3 presidential members, the person who is to preside at a hearing of the proceeding is:

                     (a)  if the President of the Tribunal is one of the members--the President; or

                     (b)  if the President of the Tribunal is not one of the members but one or more Judges is--the most senior (or only) Judge; or

                     (c)  if paragraphs (a) and (b) do not apply--the Deputy President of the Tribunal whom the President of the Tribunal directs to preside.

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